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Does Driving without Insurance constitute a criminal record?

Discussion in 'Permanent Residency Obligations' started by Alora72, Sep 4, 2009.

  1. I was caught driving without insurance in the Uk, paid a fine and got a 6 points on my license, does this constitute a criminal record and will I be refused entry to canada?
    Pls do I need to disclose it when asked this question on the immigration form: Have you been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceddings in any country? YES or NO.

    Thank you,

    Alora72
     
  2. "Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences."

    Of course it constitues a criminal offence, because it IS a criminal offence!

    So yes you would have to declare it.
     
  3. HI

    Not in Canada, it falls under the Provincial Motor Vehicle Acts.

    PMM
     
  4. Driving without Insurance constitute a criminal record... You are violating the law... Each state treats driving without a license and driving with a suspended ... Avoid getting in trouble with the law by not driving in either case with advice


    _________________
    International travel medical insurance
     
  5. Hi

    Well since there are no states in Canada, you may wish to read the Criminal Code of Canada and find the sections on driving without insurance (you won't) http://www.efc.ca/pages/law/cc/cc.html

    PMM
     
  6. Since it's two against one...I thought I would jump in.

    There are a number of things that have to be taken into consideration when determining admissibility.

    Is this offence considered a crime in the other country? Was there actually a conviction registered? In some areas you can be charged with a criminal offence, but be found guilty of a violation. This is not a crime. The criminal offence must be equated to a criminal offence in Canada.

    So in this case.......Even if the other country considers this offence to be criminal.....Canada does not. It would be a violation of a provincial statute.
     
  7. Yes driving without insurance constitute a criminal offence. My friend is a police officer and I once asked him this question. Other road traffic offenses like driving without MOT or Roadtax etc are not.
     
  8. Hi

    Obviously your friend is not a Canadian police officer, as there is not MOT nor Road Tax in Canada. It is a traffic ticket not a criminal code offence in Canada.

    PMM
     
  9. Thank God for PMM -- a voice of reason and knowledge.
     
  10. Hi PPM

    I was just wondering whether you are 100% confident that driving without insurance does not constitute a criminal offence and what is your backing for this assumption? I am considering applying for a student visa to Canada and was wondering whether I need to disclose this offence or not?

    Your help is much appreciated!!
     
  11. In Canada, it's not a criminal offence. But it might be one in other countries in the world.
     
  12. Given the uncertainty surrounding this issue, whether you answer "yes" or "no", it would be wise to drop a footnote explaining the background. I would say "no", since driving without insurance is not (according to PMM) a criminal offence in Canada. But if it is a criminal offence in your country, then explain what happened in a cover letter or footnote. That way you can never be accused of misrepresentation.
     
  13. I wouldn't worry about it. Dont even list it.
     
  14. Thanks everyone for their response

    I checked out the Canadian Crminal Code and the only driving offences which seems to reach a level of "criminal culpability" are that of 1.) driving under the influence and 2.) dangerous driving which is a relief! I guess my best bet is to answer "no" and then briefly explain the driving offence just in case it could come back to haunt me again later ( given that it is a criminal offence in Ireland, but apparently no so in Canada).
     
  15. A criminal offence in Ireland to drink and drive, yet a cultural offence not to drink! Tough choice.
     

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